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Marketing Wine & Alcohol

McDermott Will & Emery

Seasonal Considerations for Packaging and Selling Alcoholic Beverages

The final quarter of the year is the alcohol industry’s busiest period, accounting for approximately 70% of annual business. Many holiday-themed seasonal products are beginning to make their way to market, and it is important...more

McDermott Will & Emery

Growing Regulatory Focus on ‘Crossover Alcohol Products’

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As more companies – including businesses with and without experience producing alcoholic beverages – move to leverage their brands and brand equity across the beverage spectrum, regulators, trade associations and the...more

McDermott Will & Emery

So, You’ve Been Sued in a Labeling Class Action. Now What?

Many alcohol beverage industry clients are faced with lawsuits attacking product labels. These lawsuits can be frustrating for clients, particularly when the labels at issue were previously approved by the Alcohol and Tobacco...more

McDermott Will & Emery

Tips for Alcohol Suppliers Utilizing Social Media

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In light of the Federal Trade Commission’s (FTC) 2023 revisions to its Endorsement Guides, it is essential to ensure that your business is compliant. While the alcohol industry is known for product innovation, the industry is...more

McDermott Will & Emery

Contracts Corner: Sponsorship Agreements

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Sponsorships continue to be one of the alcohol beverage industry’s primary methods of promoting brands to drinkers. In professional sports alone, alcohol beverage brands contributed $480 million in sponsorship revenue across...more

Davis Wright Tremaine LLP

Where's the Whisky? A Cautionary Tale for Brand Extensions

Employing a brand extension strategy can be a powerful way to leverage an existing brand and its consumer reputation to promote a new product, flavor, or product variation. However, it can also mislead consumers and result in...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - March 2023 #4

LEGISLATION, REGULATIONS & STANDARDS - Report: FDA Food Recalls Jumped 700% from 2021 to 2022 - The number of individual units of food and drink recalled by the U.S. Food and Drug Administration (FDA) in 2022 increased...more

Adams and Reese LLP

Sazerac Fireball Cinnamon – Clever Marketing or Deceptive Labeling?

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The industry is all abuzz about Sazerac’s flavored malt beverage “brand-extension” of its popular Fireball Cinnamon Whisky. Here is a single serving – aka shot – of the original 66 proof distilled spirit:...more

Holland & Knight LLP

Alcohol Beverage Labeling Risk Avoidance: Them's Fightin' Words!

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Distilled spirits manufacturers recently find themselves in proverbial hot water when it comes to incomplete or misleading representations on labels. Recent state and federal court cases highlight that while mere "puffery" –...more

Alston & Bird

Closing Time: Court Approves Proposed Classwide Settlement in Cocktail-Themed Drinks Suit

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Our Food & Beverage Team breaks down the settlement of an alcohol beverage labeling case whose implications could reverberate throughout the industry....more

McDermott Will & Emery

TTB Issues Four-Part Series on Health-Related Alcohol Marketing Claims

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As consumers continue to trend toward more health-conscious options, including in their choice of alcoholic beverages, the Alcohol and Tobacco Tax and Trade Bureau (TTB) has responded with guidance on health-related marketing...more

Dorsey & Whitney LLP

#AdLaw - A Quick Wrap-Up From The 2020 ANA/BAA Marketing Law Conference

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Last week we quickly pivoted from watching the 24/7 “Map Show” to spending our screen time learning at the ANA 2020 Marketing Law Conference. It was a great three days in Chicago in our pajamas of educational seminars....more

McDermott Will & Emery

Five Tips for Making Boozy Ice Cream That’s Legal

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When you think of the relationship between alcohol and food, the classics come to mind: tiramisu, coq au vin and beer cheese. While there is a long culinary tradition of using alcohol in food, the newest trend is to utilize...more

Fox Rothschild LLP

The TTB Modernizes Alcohol Labeling And Advertising Regulations

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On April 2, 2020, the Alcohol and Tobacco Tax and Trade Bureau (“TTB”) issued a final rule, Modernization of the Labeling and Advertising Regulations for Wine, Distilled Spirits, and Malt Beverages. While it does not require...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l February 2020 #2

LEGISLATION, REGULATIONS & STANDARDS - France to Ban Mass Culling of Male Chicks - France’s agriculture minister has reportedly announced that the country will prohibit the mass culling of male chicks shortly after they...more

Shumaker, Loop & Kendrick, LLP

Summary of U.S. Advertising Laws and Regulations for Malt Beverages and Energy Drinks

WHAT IS, AND IS NOT, ADVERTISING? At the outset it is important to understand what is, and is not, considered to be advertising or an advertisement under U.S. law. Generally speaking, as applied to any product, be it beer,...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l October 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - Advertising Complaint Upheld Against U.K. Hemp Rum Co. - The U.K. Advertising Standards Authority (ASA) has upheld a complaint against The Cornish Rum Co. against its ads marketing...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l August 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - FDA Issues First Warning Letter for FSMA Foreign Supplier Program - The U.S. Food and Drug Administration (FDA) has issued the first warning letter enforcing the Food Safety...more

Manatt, Phelps & Phillips, LLP

Trade Group Calls for End to Emoji Vodka Packaging

The trade association for the distilled spirits industry found that the marketing and packaging for a vodka company violated multiple provisions of the group’s marketing code....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | August 2018

LEGISLATION, REGULATIONS & STANDARDS - FDA Announces Modernization for Dairy Product Identities - Following his related statements at a conference, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb has...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | July 2018

LEGISLATION, REGULATIONS & STANDARDS - California Bans New Soda Taxes - California Governor Jerry Brown has signed the Keep Groceries Affordable Act, a statute preventing local agencies in the state from imposing taxes...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | April 2018 #5

France Bans Meat and Dairy Terms for Plant-Based Foods - The French Parliament has reportedly voted to prohibit the use of meat and dairy terms to describe plant-based substitutes such as vegetarian sausage or vegan bacon....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2017 #4

Furans in Baby Food May Pose Health Risk, EFSA Reports - The European Food Safety Authority (EFSA) has issued an assessment of the risks of furans and related compounds 2- and 3-methylfurans, concluding that they pose a...more

McDermott Will & Emery

TTB Issues Updated Guidance on Personalized Labels

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Recently, the Alcohol and Tobacco Tax and Trade Bureau (TTB) issued an update to its existing public guidance on personalized labels. The current update clarifies the process for obtaining an approved COLA for personalized...more

Carlton Fields

Court Finds No Exceeding Of Powers Or Manifest Disregard Of The Law In Confirming Allegedly Speculative Arbitration Award

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This case concerned an agreement by which Clos La Chance Wines, Inc., a wine producer, appointed AV Brands, Inc., a wine importer and wholesaler, as the exclusive brand agent and distributor of its wine products for the...more

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